Terms & Condition (for Brand)
Please read the terms of service carefully before using the Vidweb (hereinafter referred to as the “Site”) that provides crowd sourcing video production service (hereinafter referred to as the “Service”) operated by Vidweb Co. Ltd. (hereinafter referred to as the “Company”). This agreement aims to define the basic terms of when entrusting the video production business (hereinafter referred to as the “Work”).
Article 1 The “Work”
The “Work” refers to creating the script, shooting, editing, and etc. of the whole or part of the activities necessary for the video production that has been entrusted to us through the Service.
Article 2 Contract establishment and revision
2.1 A person who intends to entrust the Work through our Service, in top of agreeing to this contract, will need to check the contents of this agreement on this Website and should submit the online form prescribed by the Company or the participating application form to the Company that will make the application to effect.
2.2 When the Company received the application of the preceding paragraph, we will promptly conduct a credit survey of the applicant, and will notify whether the application is consented or refused through e-mail, phone, or by our Website. At the point when the Company has sent a notification to accept the application, this agreement with respect to such business in the content of outsourcing contract (hereinafter referred to as the “Agreement”) will be established between the applicant (hereinafter referred to as the “user”) and the Company based on the application that is set forth. After contract, the User is assumed to be able to use this Service.
2.3 The User will again need to agree in the case when the contents of this
Agreements are to change without notice in advance. However, in this case, the Company shall promptly notify the changes and the revision to the User.
2.4 From the preceding article, when the User use the Site after the change in the contents of the Term, the User is deemed to have agreed to the change, and the contract after the change will be applied between the User and the Company hereinafter.
Article 3 Re-consignment
With our responsibility, our Company shall be capable of re-consigning the whole/part of the consignment of the business (hereinafter referred to as the “outsourcing”) from the User to our Creators (A person who is entrusted in the matter of business through our Service and is a person who is registered under the Contract with the Company.)
Article 4 Relationships with the Creator
4.1 When there is a need to contact with the Company or its Creators that is related to the Service or the Outsourcing business, the User is assumed to do this by using our system that is admitted by our Company or the Site.
4.2 The User should not encourage to directly entrusting the whole/part of this business matter against our Creators.
Article 5 Delivery (Publishing)
5.1 In accordance with the system that is admitted by the Site, our Company shall deliver the artifacts (hereinafter referred to as the “Artifacts”) of the Outsourcing business to the User and also provide the Artifacts to the Site.
5.2 When the delivery of the Artifacts has been received, the User should promptly accept it and according to the system that is admitted by the Site, the User shall notify the Company about the acceptance of the Artifact.
5.3 Whenever the notification has been made just like in the preceding article, the delivery will be completed, and once the delivery is completed the Outsourcing is also assumed to be complete.
Article 6 Business Commission Fee
6.1 The User shall pay such business commission of the Outsourcing business to the Company. The amount shall be the quote that is presented to the User via through our system after the application of Article 2, Paragraph 1.
6.2 The User will need to pay the business commission fee of the outsourcing business on the last day of the following month in which the Outsourcing business is completed, that is based on the invoices that our Company issues (PDF file) to our Company through the method of remittance to the bank account that is designated by our Company. However, the User will bear the remittance charge.
6.3 Whenever the User delays the payment of the business commission, in addition to the business commission fee, the User shall pay delinquency charge caused by the annual rate of 14.6%.
Article 7 Terms of Compliance, etc.
The User must comply with all of the conventions that we have established in association with the Terms and this agreement.
Article 8 Intellectual property rights relating to artifacts
8.1 Copyright on artifacts (including the rights of Article 27 and Article 28 on the Copyright Act) shall be transferred from the Company to the User at the time the Company as delivered the artifact to the User. However, as long as the User does not infringe the intellectual property rights, etc. that is held from before this contract establishment, we shall not interfere the User with the utilization of the landscape or some images and videos equivalent to it that constitutes the part of the artifacts.
8.2 Notwithstanding he provisions of the preceding paragraph, we shall not interfere the User with the utilization of the artifacts as advertisement or the likes of our Service. In that case, the User shall not be able claim the payment of the usage fee against our Company.
Article 9 Intellectual property rights relating to our Service
The User must not infringe on the copyright, moral rights, trademark rights, or any other rights about this Site and this Service that all belongs to the Company.
Article 10 Cancel
When the User have the intention of canceling the present work after this business started, the User shall pay a cancellation fee corresponding to the 100% business commission fee of completing the re-consignment procedures to our creator, external production companies, and/or talent production companies.
Article 11 Agreement on the transfer of status
11.1 Without obtaining our consent in advance, the User shall not transfer the rights or obligations based on the contractual status or this agreement to a third party or shall not be pledged as a collateral.
11.2 The User shall again consent without objection, whenever our Company transfer our business, merge, or split the company the other way, and when the business according to the Service has been assigned or transferred to a third party, the information about the rights and obligations as well as the User based on this Agreement or this contractual status shall be able to assign or transfer to a third party.
Article 12 Contract Terminations
12.1 When one of the following issues, that specify the reasons, has occurred, the Company may terminate his Agreement without requiring any of the notification. Thus, the intention on rescission will be sent through an e-mail address that has been notified to the Company at the time of applying for the commission of this business matter.
- When the User did not comply with such terms and conditions for the payment of a business commission or this Agreement.
- When the User experienced bankruptcy, civil rehabilitation, or received a petition for corporate recognition or special liquidation proceedings, or the User alleged themselves.
- When the User is subjected on delinquency, auction allegation, or provisional seizure, temporary injunction, compulsory execution, or a law disposal.
- In addition to the provision of the proceeding (2), when the economic credit of the User is deteriorated, the Company will determine that the there is an obstacle into the continuation of this agreement.
- When there is false information about the User that is provided to us.
- In addition to what is provided for in each of the preceding rules, when you violate the provision on the Terms associated with the Agreement or this Term itself
12.2 If this Agreement is canceled by the rules of the preceding columns, the Users shall be liable to compensate the damages caused to the Company.
Article 13 Suspension or temporary prohibition of this Service
13.1 There is a possibility that our company temporary prohibit the Service without the notice to the User when there is a system maintenance, system failure, power outage, fire disaster, natural disaster, or by technical and operational reasons.
13.2 In the case of the preceding paragraph, when the continuation of this Service is determined as to be difficult by the Company, the Company will send a notice through e-mail, our Site or other website that the Service has stopped and that this Agreement is terminated.
13.3 For the damages and the losses caused to the User by the interruption or the suspension of this Service (including the termination of this agreement), the Company shall not accept any responsibility.
Article 14 System Failures
14.1 If any trouble on the system has occurred related to the Site or this Service, the Company shall take necessary measures for the restoration.
14.2 For the damages caused to the User related to the Site or this Service, we shall not take any responsibility.
Article 15 Damage Disclaim
15.1 For the damages occurred to the User caused by the usage of this Service, the Company shall not be liable for any damages. However, if the cause of the damage is due to our intent or gross negligence, it will be an exception.
15.2 If the User has given the damage to a third party by the use of this Service, the User is assumed to attempt a resolution through self-responsibility, and it is assumed that he Company does not receive any damages .
Article 16 Confidentialities
16.1 The User and the Company shall comply with the secret information of both technological and information based on business negotiation as well as personal information and other confidential information obtained through the process of Outsourcing business with respect to the Contract, and not only in the period of validity, but the User shall not disclose or leak any confidential information to a third party without the prior consent of the other party even after the termination of this Agreement.
16.2 The information set forth in each of the following column should be held as confidential, and the User should not disclose or leak this information ot a third party.
- Information about this Service
- Information about our Creator
- Information about the system related to this Site or this Service
- Information necessary to access this Site
Article 17 Elimination of anti-social forces
17.1 The User shall commit to each of the following agreement in respect to our Company.
- The User is not a gang, gang related companies, racketeers or person or members that are equivalent to it (hereinafter collectively referred to as “anti-social forces”)
- Officers (employees who execute the business, director, and the executive officer or a person pursuant to these) and employees (include a person pursuant to commission other employees) shall not be an anti-social force.
- The User should not intend to enter into this agreement when anti-social forces utilize your own name.
- Within the validity period of this Agreement, the User itself or by the usage of a third party, shall not take the following act.
- The act of using threatening behavior or violence against a counterparty.
- The act of fraudulent means or using the power to interfere e other party’s business along with act to damage credits.
Article 18 Inevitable Accidents
The Company and the User both shall not bear the responsibility when all or part of the business’s delay or denial have occurred caused by these accidents, such as natural disasters, war, riots, civil war, strike, dispute action or other inevitable accidents.
Article 19 Contract periods
The Agreement shall be effective for the period of 1 year from the contract agreement. However, when there is no intention otherwise from the other party from the User or the Company, the contract will be extended or another one year from the day of the expiration date, and also subsequent.
Article 20 Governing Law
This agreement is governed and interpreted by Japanese law.
Article 21 Jurisdictions
When a dispute on the court with respect to this Agreement or the Service has occurred, the Company and the User shall agree the exclusive
jurisdiction of the Tokyo District Court to the first instance.
Article 22 Agenda
On matters of dispute with respect to the Terms and Conditions, the Company and the Users should have good faith in consultation and attempt to resolve them.
Article 23 Languages
In the case where there are any discrepancies between the English and Japanese versions, the Japanese version shall prevail over the English version.